[HISTORY: Adopted by the Common Council of the City of Watertown 7-19-1988 by Ord. No.
88-52 (Ch. 30 of the former City Code). Amendments
noted where applicable.]
A.
The proper operation of democratic government requires that public
officials and employees be independent, impartial and responsible
to the people; that government decisions and policy be made in the
proper channels of the government structure; that public office not
be used for personal gain; and that the public have confidence in
the integrity of its government. In recognition of these goals, there
is hereby established a Code of Ethics for all City of Watertown officials
and employees, whether elected or appointed, paid or unpaid, including
members of boards, committees and commissions of the City.
B.
The purpose of the code is to establish guidelines for ethical standards
of conduct for all such officials and employees by setting forth those
acts or actions that are incompatible with the best interests of the
City of Watertown and by directing disclosure by such officials and
employees of private financial or other interests in matters affecting
the City. The Common Council recognizes that the representatives of
the City are drawn from society and therefore cannot and should not
be without all personal and economic interest in the decisions and
policies of government; that citizens who serve as City officials
and employees retain their rights as citizens to have interests of
a personal and economic nature; that the standards of ethical conduct
for City officials and employees need to distinguish between those
minor and inconsequential conflicts that are unavoidable in a free
society and those conflicts which are substantial and material; and
that City officials and employees may need to engage in employment,
professional or business activities other than official duties in
order to support themselves or their families and to maintain a continuity
of professional or business activity or may need to maintain investments,
which activities or investments do not conflict with the specific
provisions of this code. The provisions and purpose of this code and
such rules and regulations as may be established are hereby declared
to be in the best public interest.[1]
C.
It is the intent of the Common Council that in its operations the
Board of Ethics shall protect to the fullest extent possible the rights
of individuals affected.
A.
Public officials and employees are agents of public purpose and hold
office for the benefit of the public. They are bound to uphold the
Constitution of the United States and the Constitution of this State
and to carry out impartially the laws of the nation, state and municipality
and thus to foster respect of all government. They are bound to observe
in their official acts the highest standards of morality and to discharge
faithfully the duties of their office regardless of personal considerations,
recognizing that the public interest must be their primary concern.
B.
There are certain provisions of the Wisconsin Statutes which should,
while not set forth herein, be considered an integral part of any
code of ethics. Accordingly, the provisions of the following sections
of the Wisconsin Statutes are made a part of this Code of Ethics and
shall apply to public officials and employees whenever applicable:
As used in this chapter, the following terms shall have the
meanings indicated:
Any money or property, favor, service, payment, advance,
forbearance, loan or promise of future employment, but does not include
compensation and expenses paid by the state, fees, honorariums and
expenses which are permitted and reported under § 19.56,
Wis. Stats., and political contributions which are reported under
Ch. 11, Wis. Stats.
Any interest which shall yield directly or indirectly a monetary
or other material benefit to the officer or employee or to any person
employing or retaining the services of the officer or employee.
Any person, corporation, partnership or joint venture.
A.
Use of public property. No official or employee shall request or
permit the unauthorized use of City-owned vehicles, equipment, materials
or property for personal convenience or profit.
B.
Obligations to citizens. No official or employee shall grant any
special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen.
A.
No official or employee shall accept anything of value, whether in
the form of a gift, service, loan or promise, from any person which
may tend to impair his or her independence of judgment or action in
the performance of his or her official duties. It is not a conflict
of interest for any public employee or public official to receive
a gift or gratuity that is an unsolicited item of nominal intrinsic
value.
B.
No public official or employee shall engage in any business or transaction
or shall act in regard to any financial interest, direct or indirect,
which is incompatible with the proper discharge of his or her official
duties for the benefit of the public, contrary to the provisions of
this code or which would tend to impair his or her independence of
judgment or action in the performance of his or her official duties.
Any official who receives, directly or indirectly, any gift or gifts
having an aggregate value of more than $50 within any calendar year
from any person who is known by said official or employee to be interested
directly or indirectly in any manner whatsoever in business dealings
with the City upon which the official or employee has any influence
or input or over which the official or employee has any jurisdiction,
discretion or control shall disclose the nature and value of such
gifts to the Ethics Board by January 20 next following the year in
which the gift or gifts are received.
C.
No public official or employee shall engage in or accept private
employment or render service for private interest when such employment
or service is incompatible with the proper discharge of his or her
official duties or would tend to impair his or her independence of
judgment or action in the performance of his or her official duties,
unless otherwise permitted by law, unless disclosure is made as hereinafter
provided.
D.
No public official or employee and no business in which a City official
or public employee holds a ten-percent or greater interest may enter
into a contract with the City of Watertown involving a payment or
payments of more than $3,000 within a twelve-month period unless said
official or employee has first made a written disclosure of the nature
and extent to such relationship or interest to the Board and to the
department acting for the City in regard to such contract. This subsection
does not affect the application of § 946.13, Wis. Stats.
E.
No official or employee shall disclose confidential information concerning
the property, government or affairs of this City, nor shall he or
she use such information to advance the financial or other private
interest of himself or herself or any other person.
F.
Disclosure of interest in legislation. Any member of the Common Council
who has a financial interest in any proposed legislation before the
Common Council shall disclose on the records of the Common Council
the nature and extent of such interest prior to or during the initial
discussion on said legislation. Any other official or employee who
has a financial interest in any proposed legislative action of the
Common Council and who participates in discussion with or gives an
official opinion or recommendation to the Common Council shall disclose,
on the records of the Common Council, the nature and extent of such
interest.
There is hereby created an Ethics Board consisting of three
members and one alternate member, who shall serve without compensation
unless the Common Council otherwise provides. The members of the Board
of Ethics shall be residents of the City and shall not be elected
officials, full-time appointed officials or City employees, nor shall
they be currently serving on any other City board or commission. Each
member shall be appointed by the Mayor, subject to the confirmation
by the Common Council. The City Attorney shall furnish the Board whatever
legal assistance is necessary in the carrying out of its functions.
Terms of office shall be three years, except that when the initial
appointments are made, one member shall be appointed for one year,
one for two years, and one for three years. The alternate shall serve
on the Board when one of the members of the Board is unavailable.
The term of the alternate shall be for three years. The Ethics Board
shall elect its own Chairperson and Vice Chairperson.
A.
The Ethics Board shall adopt and develop written rules, which shall
be submitted to the Common Council for approval. A copy of such rules
shall be filed with the City Clerk.
[Amended 7-5-2022 by Ord. No. 22-63]
B.
Any person to whom this chapter applies may apply to the Ethics Board
for an advisory opinion and shall be guided by the opinion rendered.
Such person shall have the opportunity to present his interpretations
of the facts at issue and of the applicability of provisions of the
code before the advisory decision is rendered. The Board's deliberations
and action upon such applications shall be in meetings not open to
the public. Records of the Board's opinions, opinion requests and
investigations of violations shall be closed to public inspection.
The Board, however, may make such records public with the consent
of the individual requesting the advisory opinion.
C.
The Board shall investigate any complaint properly filed with it.
D.
The Board shall accept from any person, or make upon its own motion,
a verified complaint in writing, which shall state the name of the
officer or employee alleged to have committed a violation of this
chapter and which shall set forth the particulars thereof. The Board
shall forward, within 10 days, a copy of the complaint to the officer
or employee who is accused. If no action on the verified complaint
is taken by the Board within 60 days, the complaint shall be void.
E.
Following the receipt or motion of a verified complaint, the Board
may make preliminary investigations with respect to alleged violations
of this chapter. No preliminary investigation of the activities of
any officer or employee may be initiated unless such officer or employee
is notified in writing. The notice shall state the exact nature and
purpose of the investigation, the individual's specific actions or
activities to be investigated, and a statement of such person's due
process rights.
F.
If, after such investigation, the Board finds that probable cause
exists to believe the allegations of the complaint, it shall conduct
a hearing on the matter, which shall be held not more than 30 days
after such finding. The Board shall give the accused at least 20 days'
notice of the hearing date. Such hearing shall be at closed session,
unless the accused petitions for a hearing open to the public. The
rules of civil evidence shall apply to such hearings. All evidence,
including certified copies of records and documents which the Board
considers, shall be fully offered and made part of the record in the
case. Every party shall be afforded adequate opportunity to rebut
or offer countervailing evidence.
[Amended by Ord. No. 89-12]
G.
During all stages of any investigation or proceeding conducted under
this section, the accused or any person whose activities are under
investigation shall be entitled to be represented by counsel of his
own choosing.
H.
The accused or his representative shall have an adequate opportunity to examine all documents and records to be used at the hearing under Subsection F at a reasonable time before the date of the hearing, as well as during the hearing, to bring witnesses, to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses.
I.
The Board shall have the power to compel the attendance of witnesses
and to issue subpoenas granted other boards and commissions under
§ 885.01(3), Wis. Stats.
J.
Determination. Upon conclusion of the hearing, the Board shall file
its decision within five days in writing, signed by all participating
Board members, with findings of fact and conclusions of law concerning
the propriety of the conduct of the officer or employee and, if appropriate,
refer the matter to the Common Council or other proper authority with
a recommendation for suspension, removal from office or employment
or other disciplinary action.
This code shall be operative in all instances covered by its
provisions except when superseded by an applicable statutory provision
and statutory action is mandatory or when the application of a statutory
provision is discretionary but determined by the Ethics Board to be
more appropriate or desirable.
A determination that a public official's or public employee's
actions constitute improper conduct under the provisions of this chapter
may constitute a cause for removal from office, termination of employment,
suspension, reprimand or other appropriate disciplinary action. As
an alternative or in addition to sanctions imposed herein, any individual
violating the Ethics Code shall be subject to a nonreimbursable forfeiture
of not less than $100 nor more than $1,000 as determined by the City
of Watertown Common Council.
